Eviction Delayed to Give Tenant Chance to Pay Back Rent Owed

July 31, 1997

LVT Number: 11640

Facts: Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant stipulated that tenant would pay back rent owed. After tenant didn't comply with the stipulation several times, landlord asked the court to issue an eviction warrant. The court ruled for landlord. Tenant then asked the court to reconsider. Tenant's attorney showed that tenant had applied to the Department of Social Services (DSS) to pay the rent. DSS denied tenant's application because tenant's case file had mistakenly been closed. DSS subsequently approved payment although it hadn't yet come through.

Facts: Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant stipulated that tenant would pay back rent owed. After tenant didn't comply with the stipulation several times, landlord asked the court to issue an eviction warrant. The court ruled for landlord. Tenant then asked the court to reconsider. Tenant's attorney showed that tenant had applied to the Department of Social Services (DSS) to pay the rent. DSS denied tenant's application because tenant's case file had mistakenly been closed. DSS subsequently approved payment although it hadn't yet come through. Court: Tenant wins. Tenant showed good cause for delaying execution of the eviction warrant. Tenant and his attorney used their best efforts to get prompt payment from DSS and the delay was beyond their control.

Butsikares v. Khalil: NYLJ, p. 27, col. 3 (7/16/97) (Civ. Ct. Kings; Wendt, J)

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